General Terms And Conditions
Terms and Conditions
represented by managing director Andreas Stöhr
Saarländer Straße17, 04179 LeipzigThe binding contract language is German.
§1 general/area of application
Customers as defined by these terms and condition are solely enterprises. Enterprises are natural and juridical persons or business partnerships vested with legal rights, who act as an enterprise when closing a legal transaction.
These T&Cs are the sole foundation of the business relationship between seller and buyer. The seller does not acknowledge any other terms and conditions and dissents explicitly. Opposing terms and conditions are only relevant if the seller agrees explicitly.
§2 conclusion of contact/order transaction
- Conclusion of contract
The description of the products in the online shop does not represent a legally binding offer, but a nonbinding online catalogue. After entering the customer’s personal data and by pressing the button “order” at the end of the ordering process the customer releases a binding order of the products in the shopping basket. The confirmation of receipt of the order is being sent immediately. The confirmation of receipt of the order does not express the acceptance of a purchase order.
The offer will turn into a legally binding purchase order with the acceptance of order or dispatch notification, sent via email, latest with the dispatch of the goods. The seller will accept the order by sending a dispatch notification or by dispatching the goods within 5 working days from date of order by the customer. If the seller does not notify the customer within this time, the order has not been accepted.
If, at the time of order, the goods are not available, it is to the seller’s discretion not to accept the order. The customer will be informed of this within 5 days. Payments already made by the customer will be reimbursed immediately.
Before final ordering a list of the data entered and products chosen is being displayed. By using the “delete” button next to the data entered the customer can rectify any input errors before final ordering. The order process can be aborted at anytime by just shutting the browser window or executed by pressing the “order” button.
- customer information/storage of order data
The wording of contract including the customer’s individual order data will be stored by the seller and sent to the customer including the terms and conditions with the confirmation of receipt of the order via email.
- contract language
The language of contact is German or English.
§3 place of fulfilment
Place of fulfilment is the place of business of the seller, Saarländer Straße 17, 04179 Leipzig, Germany.
§4 proof of origin
The customer will be notified of the proof of origin of the goods with the order confirmation and the invoice. With delivery of the products the origin is being verified by the supplier’s declaration according to VO (EG) No. 1207/2001. Minimum specifications are the customs tariff number and the country of origin. The preferencial origin is given as far as possible. Depending on usage and dispatch abroad the customer can request further information from the seller on the invoice.
§5 product/composition of goods
The composition of the goods as well as their intended uses are outlined in the product specification sheets, descriptions, installation guides or, in individual cases, the agreed product parameters. Each sale is therefore based on these technical papers. Specifications exceeding these are only valid if they have been confirmed specifically in writing. The statements and descriptions or other advertisements made by the manufacturer in the online catalogue, prospects, adverts or pictures containing data regarding weight, mass, capacity, field of application, price and performance are only applicable if reference thereof is made specifically in the offer or order confirmation.
Usage and installation as well as handling of the goods delivered are outside of the seller’s responsibilities and lie within those of the buyer. Written and oral consultation of usage by the seller counts as non binding advice and does not free the buyer of his own responsibilities to check the goods for appropriate usage.
§ 6 reservation of proprietary rights
The seller reserves the right to ownership of the goods until all payment requests are paid in full.
If ownership has not passed over to the seller yet, pledge of goods or transfer of security is not permitted. The customer may resell the goods by proper business transaction. In this case the customer assigns all claims invoiced for the resale to the seller. The seller agrees to the assignment of claim. The customer is authorised to collect the receivables. If the customer does not settle the account rightfully, the seller reserves the right to collect the receivables. If goods have been interlinked or intermixed the seller acquires joint ownership of the all items joint in proportion of the invoice amount of all such items at time of processing. The seller obligates to release all collaterals entitled to upon request by the customer if the feasible value of the collateral exceeds 10% of the debt. The seller reserves the right of choice of the collaterals to be released.
§ 7 pricing and shipping costs/method of payment
Prices at time of ordering apply. All prices stated are net prices with additional costs for VAT and delivery. Payment options are payment in advance, Paypal or, if collection by the customer, cash payment. Payment conditions and costs are being outlined in “payment and shipping” during the online ordering process.
§ 8 delivery time
Goods in stock will be delivered within 5 working days, one day after full payment has been received by the seller. If the day after receipt of payment is a Saturday, Sunday or a local holiday at place of delivery, the 5 day grace period starts the following working day.
§ 9 transfer of perils
The peril of accidental demise or accidental worsening of the goods transfers to the buyer upon handing over of goods when collection by the customer, in case of the purchase to destination, upon delivery of the goods to the carrier, the forwarding agent, or any other persons or institutions designated with the carriage. The seller reserves the right of choice of type and route of dispatch. Special delivery requests by the buyer will be invoiced accordingly.
§ 10 liability of defects
General legal warranty applied with the following exceptions:
- The warranty expires 1 year after date of delivery.
In the following cases the general legal warranty applies:
- In the event of fraudulent concealment of a deficit by the seller, his legal representative or his agent.
- In the event of rights of the buyer of a guarantee, which transferred to the seller with the condition of the goods.
- In the event of right of recourse according to § 478 BGB.
- In the event of claims against the seller made by the buyer regarding harm to life, body and health resulting from wilful or negligent breach of duty by the seller, his legal representative or his agent.
- In the event of liabilities of the seller regarding miscellaneous damage resulting from wilful or gross negligent breach of duty by the seller, his legal representative or his agent.
- If the purchase is a commercial transaction for both contractual partners, the buyer has to check the goods with due diligence for identity, quality and quantity and report any discrepancies, especially transit damage to the seller immediately.The timely sending of notification shall be sufficient for keeping the deadline. This also applies to any hidden defects detected later from time of discovery. If the buyer fails to give such notification the goods are considered to be approved. With reference to § 377 HGB.
- In the event of defects the supplier guarantees the repair or replacement of the goods. If repair fails twice, the buyer has the right to demand a reduction in price or to terminate the contract.
Information on the any possible additional manufacturer warranties are to be found in the product information.
§ 11 limitation/exclusion of liability
The seller bears unlimited liability based on intentional and gross negligence, according to the Product Liability Act as well as if the seller accepted a warranty for the quality of the goods.
In the event of slight negligence the seller only accepts liability to harm of life, body and health. In case of slight negligence the seller is only liable in case of violation of substantial contractual obligation, whose fulfilment enables the proper implementation of the contract and the observance of which the client relies on, and may rely on, regularly. The liability for slight negligence is limited by the value of the reasonably foreseeable damage at time of contract conclusion. This limitation of liability applies also in favour of the seller’s agent.
§ 12 place of jurisdiction
Provided the customer is an enterprise, a legal entity or a special public fund, it is agreed that the Landgericht Leipzig is the only place of jurisdiction ratione loci and ratione materiae in case any of proceedings from this contract.
§ 13 proper law
The relationship between the contracting parties is subject exclusively to the laws of the Federal Republic of Germany with exclusion of the Uniform UN convention on Contracts for the International Sale of Goods (CISG).
§ 14 severability clause
Should one or more regulations of these terms and conditions, in part or as a whole, be declared void or ineffective, the validity of the remaining regulation stays unaffected.